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PHAM, THIEN PHUONG
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PHAM, THIEN PHUONG
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Last modified
1/20/2022 11:15:01 AM
Creation date
1/20/2022 11:14:16 AM
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Contracts
Company Name
PHAM, THIEN PHUONG
Contract #
A-2021-256
Agency
City Attorney's Office
Council Approval Date
11/2/2021
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„, INSURANCE NOT REQUIRE[) <br />o WORK MAY PROCEED A-2021-256 <br />o CLERK OF COUNCIL <br />N DAM <br />COMPLIANCE AGREEMENT <br />n, <br />o: c A o (Jose, X6 V-V 6�4 (gMi �— <br />This Compliance Agreement (hereinafter "Agreement”) is made and entered into on this <br />I Ith day of January 2022 ("Effective Date") by and between CITY OF SANTA ANA, a charter <br />City and municipal corporation, (hereinafter "City"), and Thien Phuong Pham, an individual <br />(hereinafter "Buyer"). City and Buyer are also collectively referred to as "the Parties" herein. <br />RECITALS <br />WHEREAS, the City of Santa Ana has determined that the property located at 2901 W. <br />Lingan Lane, Santa Ana, California, identified as Assessor's Number 109-693-12 (the "Property") <br />to be a public nuisance and is being maintained in violation of the Santa Ana Municipal <br />Code ("SAMC"), requiring immediate rehabilitation and/or repairs; and <br />WHEREAS, on November 22, 2021, the City filed a receivership petition against the <br />property owner, DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR <br />HARBORVIEW MORTGAGE LOAN TRUST 2007-2, a national banking association <br />("Respondent Deutsche Bank" and/or "Property Owner"), and the following parties: GOLDEN <br />STATE FINANCE AUTHORITY, a California Joint Powers Authority; CALIFORNIA <br />MUNICIPAL FINANCE AUTHORITY, a Joint Powers Authority; ARVEST CENTRAL <br />MORTGAGE COMPANY, a mortgage servicer (hereinafter collectively referred to as <br />"Respondents"), in the Superior Court of the State California, County of Orange, Central <br />Justice Center District known as CITY OF SANTA ANA V. DEUTSCHE BANK NATIONAL <br />TRUST COMPANY AS TRUSTEE FOR HARBORVIEW MORTGAGE LOAN TRUST <br />2007-2, et al., Case No. 30-2021-01233313-CU-PT-CJC (the "Action"). The City's Action <br />in this petition includes a prayer for the Court to appoint a receiver to take possession and <br />control of the Property pursuant to California Health & Safety section 17980.7(c) and bring the <br />Property into compliance with the law, attorneys' fees and costs, and for other equitable relief <br />against Respondents; and <br />WHEREAS, Respondent Deutsche Bank intends to sell and distribute the Property to <br />Thien Phuong Pham, an individual ("Buyer"), and Buyer intends to purchase and acquire the <br />Property from Respondent Deutsche Bank. Buyer understands and agrees that it will assume all <br />liabilities and claims associated with the Action; and <br />WHEREAS, Buyer acknowledges that the Property contains multiple SAMC violations, <br />which are the subject to the pending Action and understands and acknowledges that these <br />violations must be abated in order for the Property to be brought into compliance; and <br />WHEREAS, the Parties seek to enter into this Agreement to ensure that Buyer will bring <br />the Property into compliance with State laws and SAMC; and <br />WHEREAS, concurrently with this Agreement, Respondent Deutsche Bank has entered <br />into an agreement with City to settle the Action as set forth in Exhibit A attached hereto and <br />incorporated herein by this reference ("Settlement Agreement"); and <br />1 <br />
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